Legal Question in Business Law in California

Can I make and sell organic products?

We want to sell organic herbs for teas and make other organic items to sell. We are planning on getting a business license. Is this all we need to worry about? It will be on a small scale. The items are more of a crafty nature. We want to sell these items from our website and at craft fairs. Hope someone can answer these questions. Andi


Asked on 5/09/03, 1:04 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Can I make and sell organic products?

I can give you a rather general answer based on the limited facts given.

You have two areas of concern, meeting the "organic" standard and food-products liability issues.

The "organic" issue can be addressed if you learn about the organic labeling requirements of state and federal law and comply with them. One approach is to affiliate with and meet the standards of one or another of the well-recognized organic certifying groups. I think one has a name like California Organic Farming Association (COFA) or something like that. They have booklets for their members and would-be members describing the requirements for their certification, which in turn should meet the requirements of law for organic labeling.

The other area of concern (to a lawyer, at least) is potential liability to consumers who claim to be harmed by using your product, and/or meeting the requirements of food safety and packaging authorities (generally, at the state level, but there could be county or local health ordinance issues as well). If you have assets or wealth to be concerned about (such as equity in your farm), you should consider incorporation or use of an LLC. In any event, ask other small-scale food producers in your county what laws and regulations, if any, they have had to cope with.

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Answered on 5/09/03, 1:27 pm


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